HF3947

Purpose

The bill aims to ensure that injured public safety personnel who are in line-of-duty disability situations, including paramedics and emergency medical technicians in practice, can keep their health insurance coverage. It sets how disability determinations are made, how and when health coverage continues, and the rules for appeals and reviews of disability decisions.

Main Provisions

• Disability determination process

  • Determinations are made by the executive directors of the Public Employees Retirement Association (PERA) or the Minnesota State Retirement System (MSRS), depending on who applies.
  • The decision is binding on the employee, their employer, and the state.
  • Written notice must be given to the employee and employer, with reasons for the determination.
  • If the MSRS is involved, the notice may also offer a path to a contested case review before the Office of Administrative Hearings, with costs borne by the employee and employer.
  • If more information is provided before a hearing, the executive director may reverse the determination without a hearing.
  • If a hearing occurs, the judge’s decision is final and binding, with limited avenues for further review (only through a writ of certiorari to the Minnesota Court of Appeals).

• Health coverage continuation

  • The employer must continue health coverage for the injured employee and, if applicable, their dependents, as long as the employee was covered at the time of injury.
  • If the employee has already applied for or been approved for benefits under a duty disability program (353.656) before enactment, or is approved for total and permanent duty disability (353.656 subdivision 1a), the employer must continue health coverage for the employee and dependents until age 65 or until death (if that would occur first).
  • If the employee applies for or is approved for benefits under 353.656 after enactment but is not granted total and permanent disability, the employer must continue health coverage for 60 months (employee and dependents) or until age 65, whichever comes first.
  • If the employee has applied for or is approved to receive benefits under 352B.10, the employer must continue health coverage for the employee (and dependents) until age 65.
  • The employer is not required to continue dependent coverage once a dependent is no longer a dependent.

• Waiver of coverage

  • An employee may voluntarily waive health coverage, but cannot receive payment or other consideration from the employer in exchange for the waiver.
  • Any new waiver agreement between the employee and employer or the employer’s agent made after enactment is void, though existing agreements before enactment remain valid.

• Protections after disability determination

  • Once a duty disability determination is made under the duty disability program, the employer cannot challenge the continuation and payment of health coverage.

Significant Changes to Existing Law

• Creates a formal process for continued health coverage for injured public safety personnel across multiple disability scenarios, tying health coverage to disability determinations made by PERA or MSRS.
• Establishes long-term health coverage continuation (up to age 65) or defined multi-year periods (60 months) for employees and dependents, depending on the type and timing of disability benefits.
• Adds explicit binding effect and limited review options for disability determinations, including notices with reasons and a path to administrative hearings or court review.
• Prohibits employers from challenging continued coverage once a duty disability determination is made and restricts compensation for waiving coverage.
• Clarifies that dependents’ coverage ends when they are no longer dependents, aligning coverage with dependent status.

Terminology and Concepts to Look For

• Duty disability benefits
• Health coverage / health insurance
• Employer contribution
• Peace officer / firefighter / covered individual
• PERA (Public Employees Retirement Association)
• MSRS (Minnesota State Retirement System)
• Office of Administrative Hearings
• Contested case
• Writ of certiorari
• 353.656 (duty disability statute)
• 353.64 / 353.01 (disability-related sections)
• 352B.10 (related disability benefits)
• Total and permanent duty disability
• Dependents
• Age 65
• Waiver of coverage

Relevant Terms duty disability; health coverage; employer contribution; peace officer; firefighter; paramedics; emergency medical technicians; PERA; MSRS; Office of Administrative Hearings; contested case; writ of certiorari; 353.656; total and permanent duty disability; 353.64; 353.01; 352B.10; dependents; age 65; waiver of coverage; binding determination; written notice; appeal rights.